Read e-book online A Theory of Contract Law: Empirical Insights and Moral PDF
By Peter A. Alces
Some time past few a long time, students have provided confident, normative, and so much lately, interpretive theories of agreement legislation. those theories have proceeded basically (indeed, inevitably) from deontological and consequentialist premises. In A thought of agreement legislations: Empirical Insights and Moral Psychology, Professor Peter A. Alces confronts the prime interpretive theories of agreement and demonstrates their doctrinal mess ups. Professor Alces offers the best canonical instances that tell the extant theories of agreement legislations in either their ancient and transactional contexts and argues that ethical psychology presents a greater cause of the agreement doctrine than do replacement accomplished interpretive approaches.
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Extra resources for A Theory of Contract Law: Empirical Insights and Moral Psychology
What matters most for present purposes, though, is the Second Restatement’s conclusion that contract is premised on the manifestation of mutual assent rather than actual assent, whether manifested or not. Now, that formulation is quite sensible. Insofar as consensual obligation is bilateral, the requisite consent is necessarily a function of objective manifestations of assent. 8 Still, though, the focus on manifestation, as opposed to an authentic “meeting of the minds,” matters insofar as it intimates an objective theory potentially at odds with autonomy conceptions.
They are the cases from which we could build a contract law recognizable as the contract law we have today. ” I. The Three Phases of Contract Doctrine The rules of contract could be divided into several different groupings to focus on different aspects of the contract law and to distinguish the parts of the law in terms of their operative characteristics. But for present purposes, for the sake of ease and accessibility of presentation, the contract doctrine is divided into three parts: Formation, Performance, and Enforcement.
Today, in the United States, the case would be decided under Article 2 of the Uniform Commercial Code (UCC or the Code), and Section 2-316(3)(b) would be apposite. That section provides that if a buyer, such as the trainer in Smith v. Hughes, examines a sample of the goods as the trainer had done, “there is no implied warranty 27 Id. at 609 (citing Raffles v. Wichelhaus, (1864) 159 Eng. Rep. )). Id. 29 Id. 30 Id. at 610 (citing William Paley, Moral and Political Philosophy, Book III, ch. 5 (1824)).
A Theory of Contract Law: Empirical Insights and Moral Psychology by Peter A. Alces